State ex rel. East Cleveland Fire Fighters' Ass'n, Local 500 v. Jenkins

96 Ohio St. 3d 68
CourtOhio Supreme Court
DecidedJuly 24, 2002
DocketNo. 2001-2091
StatusPublished
Cited by20 cases

This text of 96 Ohio St. 3d 68 (State ex rel. East Cleveland Fire Fighters' Ass'n, Local 500 v. Jenkins) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. East Cleveland Fire Fighters' Ass'n, Local 500 v. Jenkins, 96 Ohio St. 3d 68 (Ohio 2002).

Opinion

Per Curiam.

{¶ 1} In 1996, East Cleveland Fire Chief Paul B. Blockson III retired, and Deputy Fire Chief LaValle Dorsey was appointed acting fire chief. In April 1997, the East Cleveland Civil Service Commission scheduled a promotional examination for the office of fire chief for June 1997 and ordered an application deadline of April 25, 1997. Acting Fire Chief Dorsey and Deputy Fire Chief Jerry C. Kirchner submitted timely applications. The commission later postponed the promotional examination.

{¶ 2} Dorsey was thereafter removed as acting fire chief, and appellee, Bobby Jenkins, then a captain in the fire department, was appointed acting fire chief. In November 1997, Jenkins was officially promoted from the position of captain to deputy chief, and the commission apparently granted Jenkins’s request that it waive the requirement that an individual serve one year in the rank of deputy chief before being eligible to take the examination for fire chief. The commission then scheduled the fire chief promotional examination for December 17 and 18, 1997. In November 1997, Jenkins applied to take the test. In December 1997, after Jenkins indicated to Dorsey and Kirchner that any grievance filed regarding the promotional test would be denied, Dorsey and Kirchner withdrew their applications to take the test. The president of appellant, East Cleveland Fire Fighters’ Association, Local 500, International Association of Fire Fighters, then requested that the commission open the promotional examination to the next lower rank to get the statutorily required number of candidates to take the test. R.C. 124.45.

{¶ 3} On December 16, 1997, the association and one of its members who held the position of captain in the fire department filed a complaint in the Court of Common Pleas of Cuyahoga County against the commission and the then-mayor [69]*69and moved for injunctive relief to delay the scheduled fire chief promotional examination until the examination was opened to those holding the rank of captain. On December 17 and 18, 1997, the commission conducted the examination, and Jenkins was the only person to take it. On December 29, 1997, the commission certified Jenkins for the office of fire chief, and the mayor promoted him to that rank.

{¶4} On October 6, 1998, the association, without any additional plaintiffs, filed an amended complaint in the common pleas court against the commission and the mayor requesting the court to declare the rights of the parties and to issue a writ of mandamus compelling the commission to remove Jenkins from office and to administer a new fire chief examination.

{¶ 5} In November 1999, the common pleas court entered judgment in favor of the commission and the mayor and denied the requested relief. On appeal, the Court of Appeals for Cuyahoga County reversed the common pleas court’s judgment regarding the association’s request for declaratory relief. E. Cleveland Firefighters, Local 500 v. E. Cleveland Civ. Serv. Comm. (Dec. 19, 2000), Cuyahoga App. No. 77367, 2000 WL 1876394. The court of appeals held that Jenkins was not eligible for examination, certification, and subsequent promotion to the office of fire chief. Nevertheless, the court of appeals affirmed the judgment of the common pleas court denying the writ of mandamus to oust Jenkins from the office of fire chief because quo warranto, which the union did not plead in its common pleas court action, was the proper means to challenge Jenkins’s right to hold the office.

{¶ 6} On February 23, 2001, the association filed a complaint in the Court of Appeals for Cuyahoga County for a writ of quo warranto ordering the ouster of Jenkins from the office of fire chief and an order requiring that Jenkins repay an amount equal to the difference between the salary he received as fire chief and the salary of his previous rank as deputy chief. The association claimed entitlement to the requested relief based on the court of appeals’ conclusion in the previous appeal that Jenkins was not eligible for certification and promotion to the office of fire chief. Jenkins filed an answer in which he raised several affirmative defenses, including that the association lacked standing to bring the action and that the action was barred by the statute of limitations.

{¶ 7} The parties subsequently filed motions for summary judgment. In October 2001, the court of appeals entered summary judgment in favor of Jenkins and denied the writ. The court of appeals held that the association lacked standing to bring the quo warranto action.

{¶ 8} In the association’s appeal as of right, it asserts that the court of appeals erred in denying the writ based upon a lack of standing. The association’s assertion, however, is meritless.

[70]*70{¶ 9} R.C. 2733.01(A) provides that a quo warranto action may be brought in the name of the state “[a]gainst a person who usurps, intrudes into, or unlawfully holds or exercises a public office * * * within this state * * R.C. 2733.04 and 2733.05 authorize the Attorney General or a prosecuting attorney to initiate quo warranto actions. See, e.g., State ex rel. Huron Cty. Prosecutor v. Westerhold (1995), 72 Ohio St.3d 392, 394, 650 N.E.2d 463. R.C. 2733.06 authorizes “person[s] claiming to be entitled to a public office unlawfully held and exercised by another” to bring quo warranto actions.

{¶ 10} Consequently, as we have consistently held, for persons other than the Attorney General or a prosecuting attorney, “ ‘an action in quo warranto may be brought by an individual as a private citizen only when he personally is claiming title to a public office.’ ” State ex rel. Coyne v. Todia (1989), 45 Ohio St.3d 232, 238, 543 N.E.2d 1271, quoting State ex rel. Annable v. Stokes (1970), 24 Ohio St.2d 32, 32-33, 53 O.O.2d 18, 262 N.E.2d 863; see, also, State ex rel. Paluf v. Feneli (1994), 69 Ohio St.3d 138, 145, 630 N.E.2d 708; Reisig v. Camarato (1996), 111 Ohio App.3d 479, 483, 676 N.E.2d 594. Because the association did not claim title to the office of fire chief and, in fact, could not hold that office, the association lacked standing to bring the quo warranto action. See Coyne, 45 Ohio St.3d at 237-238, 543 N.E.2d 1271; Paluf, 69 Ohio St.3d at 145, 630 N.E.2d 708; State ex rel. Freeman v. Hayes (1982), 69 Ohio St.2d 344, 345, 23 O.O.3d 314, 432 N.E.2d 199.

{¶ 11} The association claims that it has standing in quo warranto based upon Sierra Club v. Morton (1972), 405 U.S. 727, 92 S.Ct. 1361, 31 L.Ed.2d 636. It relies upon the statement in Sierra Club

Free access — add to your briefcase to read the full text and ask questions with AI

Related

701 Lakeside, L.L.C. v. Pinnacle Condominium Unit Owners' Assn.
2024 Ohio 1269 (Ohio Court of Appeals, 2024)
State v. Ritchey
2016 Ohio 2878 (Ohio Court of Appeals, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
96 Ohio St. 3d 68, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-east-cleveland-fire-fighters-assn-local-500-v-jenkins-ohio-2002.